ExcEptions to profEssional confidEntiality in switzErland

Abstract

In Switzerland, professional confidentiality is mostly governed by article 321 of the Penal Code. This law article
refers to health care providers as well as to members of the clergy and lawyers. If a health professional wish to
disclose to others informations learnt within the patient-physician relationship, he must be authorized by the concerned person (usually the patient); if this person is unable to consent to release (deceased, incompetent, inaccessible patient, etc.) or doesn’t consent, then the health care professional can ask the competent cantonal authority
for permission to release. In some circumstances, legal statutes authorize or require disclosure to a specific person or authority